And given the situation, isn't there enough probable cause to be arrested.

I'll give you another situation.

If there are numerous calls of a woman's screams coming from a residence. Police show up to investigate and a man opens the door. He has blood on his hands. He doesn't want to say anything. What do the police do?

Entirely different situation.

Probable cause means the officer has to PERSONALLY see, hear or smell something that leads him to believe that something has occurred.

If I call the police on you and say that I heard a gunshot come from your house, the officer doesn't have the right to kick down your door to see.

If I call the police on you and say that I hear a woman's screams coming from your house, the officer arrives and PERSONALLY hears blood curdling screams for help, he has every right to kick open your door because he now has probable cause.

 

Kingkeoni, I understand, but it's not an entirely different situation. I never said police heard the screams. Same as the gunshot situation, someone calls to report a situation and police respond. They knock on the door and the homeowner answers the door. Police tell him they heard screams coming from his residence. He tells them he wants to talk to a lawyer before he says anything. Police see blood on his hand. What do the police do? Just leave?

Entirely different situation.

Probable cause means the officer has to PERSONALLY see, hear or smell something that leads him to believe that something has occurred.

If I call the police on you and say that I heard a gunshot come from your house, the officer doesn't have the right to kick down your door to see.

If I call the police on you and say that I hear a woman's screams coming from your house, the officer arrives and PERSONALLY sees blood on your hands
That gives him probable cause.

He has to personally see hear or smell something in order to act.

You can't just go around arresting people because some yahoo over reacted and called the police.

What if you were watching your new 5000 watt surround sound system and the officer arrests you.

The lucky guy who gets arrested will sue the stuffing out of HPD.

 

See, I never said the officer has the right to kick your door down. I said they can check to see if you own firearms. In which the checks should show that you do own firearms.

So going back to my scenario, since the officer sees blood on your hands, that is enough probably cause to arrest you?

Owning a firearm is not probable cause to arrest someone.

The constitution of the United States explicitly states that you have a right to "keep and bear arms".

Blood on your hands is an entire different situation.

The blood would give them probable cause for an arrest. (I presume)

Charges would be another situation altogether.

You guys need to focus on one set of circumstances at a time.  Either there is a blood-covered guy at the door who may or may not have caused his gun to scream for help, or the police are investigating a reported gunshot noise when you force them to arrest you by taking the 5th ... which is a crime.

    

Without a search warrant or probable cause, you could tell the, to go fornicate themselves and they can't do a damn thing about it.

Without a search warrant or probable cause, you could tell the, to go fornicate themselves and they can't do a damn thing about it.

But, make sure your phone is recording audio and video of the beat-down ... to be used for evidence later.   

True

 

OK, I guess these other scenarios may have gotten things side tracked. Lets go back to the original post and what seems to be the majority rule of responses.

Most of you are saying that if you refuse to say anything, police cannot do anything. Well since you all are so confident in your answers, try it. Go pop off some rounds in your house so the neighbors call the police. When the police get there, don't say anything. I want to see if your answers match the results. If it is as you say, nothing will happen.

Since you want to recreate stupid scenarios, why don't you beat your wife till she screams and someone calls the police.
Stab her and make sure your hands get all bloody, then answer the door like that and see what the police do.

 

OK, I guess these other scenarios may have gotten things side tracked. Lets go back to the original post and what seems to be the majority rule of responses.

Most of you are saying that if you refuse to say anything, police cannot do anything. Well since you all are so confident in your answers, try it. Go pop off some rounds in your house so the neighbors call the police. When the police get there, don't say anything. I want to see if your answers match the results. If it is as you say, nothing will happen.

This is all purely hypothetical, so of course you can make whatever arguments and challenges you want to entertain yourself.  When something like this really happens, you have to look at all the facts and the actions of those involved, including the cops.  In some circumstances, silence will save you a conviction.  In others, open communication and a good explanation may mean you receive nothing more than a "be more careful next time" from the cops.

This situation actually happened with my friend's son in NC last month.  No arrest and no civil complaints.  The son's roommate accidentally fired a friend's AK-47 downward through the floor and into the apartment below very close to the woman living there.  According to the lease, the landlord had no choice but to evict the son and his roommate.  The friend who owned the gun suffered no legal consequences.  This could have been a major tragedy had the weapon been pointed at one of the people in the room or been aimed a couple feet closer to the neighbor's position. The cops weren't even called, either by the neighbor below or any other tenant. 

So, you see, you can devise any number of details you want, but none of the reactions are cut and dried ... not those of the neighbors nor of the cops.

 

 

You have your opinion and apparently any one that doesn't agree with you make no sense to you.

You do whatever you want when you have a ND in your home. 

 

Ok just drop it. Obviously no one can give me a legitimate answer. So much for constructive discussion.

Everyone gave you answers.

You just didn't like them.

call HPD and ask them directly....

 

If you're dumb enough to ND, you're not smart enough to outsmart anyone